Florida Senate - 2015                             CS for SB 1098
       
       
        
       By the Committee on Criminal Justice; and Senator Bradley
       
       
       
       
       
       591-02778-15                                          20151098c1
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.03, F.S.; adding certain substances to the
    4         Schedule I list of controlled substances; reenacting
    5         ss. 39.01(30)(a) and (g), 316.193(5), 322.2616(2)(c),
    6         327.35(5), 440.102(11)(b), 458.3265(1)(e),
    7         459.0137(1)(e), 782.04(1)(a) and (4), 893.0356(2)(a)
    8         and (5), 893.05(1), 893.12(2)(b),(c), and (d),
    9         893.13(1)(a), (c), (d), (e), (f), and (h), (2)(a),
   10         (4)(b), (5)(b), and (7)(a), 893.135(1)(k) and (l), and
   11         921.0022(3)(b), (c), and (e), F.S., relating to the
   12         definitions used in ch. 39, F.S., driving under the
   13         influence, suspension of driver licenses, boating
   14         under the influence, drug-free workplace programs,
   15         pain-management clinics, murder, controlled substance
   16         analogs, practitioners and persons administering
   17         controlled substances in their absence, contraband
   18         seizure and forfeiture, controlled substance offenses,
   19         offenses involving trafficking in controlled
   20         substances, and the offense severity ranking chart of
   21         the Criminal Punishment Code, respectively, to
   22         incorporate the amendment made to s. 893.03, F.S., in
   23         references thereto; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (c) of subsection (1) of section
   28  893.03, Florida Statutes, is amended to read:
   29         893.03 Standards and schedules.—The substances enumerated
   30  in this section are controlled by this chapter. The controlled
   31  substances listed or to be listed in Schedules I, II, III, IV,
   32  and V are included by whatever official, common, usual,
   33  chemical, or trade name designated. The provisions of this
   34  section shall not be construed to include within any of the
   35  schedules contained in this section any excluded drugs listed
   36  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   37  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   38  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   39  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   40  Anabolic Steroid Products.”
   41         (1) SCHEDULE I.—A substance in Schedule I has a high
   42  potential for abuse and has no currently accepted medical use in
   43  treatment in the United States and in its use under medical
   44  supervision does not meet accepted safety standards. The
   45  following substances are controlled in Schedule I:
   46         (c) Unless specifically excepted or unless listed in
   47  another schedule, any material, compound, mixture, or
   48  preparation that contains any quantity of the following
   49  hallucinogenic substances or that contains any of their salts,
   50  isomers, including optical, positional, or geometric isomers,
   51  and salts of isomers, if the existence of such salts, isomers,
   52  and salts of isomers is possible within the specific chemical
   53  designation:
   54         1. Alpha-ethyltryptamine.
   55         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
   56  methylaminorex).
   57         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
   58         4. 4-Bromo-2,5-dimethoxyamphetamine.
   59         5. 4-Bromo-2,5-dimethoxyphenethylamine.
   60         6. Bufotenine.
   61         7. Cannabis.
   62         8. Cathinone.
   63         9. Diethyltryptamine.
   64         10. 2,5-Dimethoxyamphetamine.
   65         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
   66         12. Dimethyltryptamine.
   67         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
   68  analog of phencyclidine).
   69         14. N-Ethyl-3-piperidyl benzilate.
   70         15. N-ethylamphetamine.
   71         16. Fenethylline.
   72         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
   73         18. Ibogaine.
   74         19. Lysergic acid diethylamide (LSD).
   75         20. Mescaline.
   76         21. Methcathinone.
   77         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
   78         23. 4-methoxyamphetamine.
   79         24. 4-methoxymethamphetamine.
   80         25. 4-Methyl-2,5-dimethoxyamphetamine.
   81         26. 3,4-Methylenedioxy-N-ethylamphetamine.
   82         27. 3,4-Methylenedioxyamphetamine.
   83         28. N-Methyl-3-piperidyl benzilate.
   84         29. N,N-dimethylamphetamine.
   85         30. Parahexyl.
   86         31. Peyote.
   87         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
   88  analog of phencyclidine).
   89         33. Psilocybin.
   90         34. Psilocyn.
   91         35. Salvia divinorum, except for any drug product approved
   92  by the United States Food and Drug Administration which contains
   93  Salvia divinorum or its isomers, esters, ethers, salts, and
   94  salts of isomers, esters, and ethers, if the existence of such
   95  isomers, esters, ethers, and salts is possible within the
   96  specific chemical designation.
   97         36. Salvinorin A, except for any drug product approved by
   98  the United States Food and Drug Administration which contains
   99  Salvinorin A or its isomers, esters, ethers, salts, and salts of
  100  isomers, esters, and ethers, if the existence of such isomers,
  101  esters, ethers, and salts is possible within the specific
  102  chemical designation.
  103         37. Tetrahydrocannabinols.
  104         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
  105  (Thiophene analog of phencyclidine).
  106         39. 3,4,5-Trimethoxyamphetamine.
  107         40. 3,4-Methylenedioxymethcathinone.
  108         41. 3,4-Methylenedioxypyrovalerone (MDPV).
  109         42. Methylmethcathinone.
  110         43. Methoxymethcathinone.
  111         44. Fluoromethcathinone.
  112         45. Methylethcathinone.
  113         46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
  114  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
  115  homologue.
  116         47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
  117  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
  118  also known as HU-210.
  119         48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
  120         49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
  121         50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
  122  known as JWH-200.
  123         51. BZP (Benzylpiperazine).
  124         52. Fluorophenylpiperazine.
  125         53. Methylphenylpiperazine.
  126         54. Chlorophenylpiperazine.
  127         55. Methoxyphenylpiperazine.
  128         56. DBZP (1,4-dibenzylpiperazine).
  129         57. TFMPP (3-Trifluoromethylphenylpiperazine).
  130         58. MBDB (Methylbenzodioxolylbutanamine).
  131         59. 5-Hydroxy-alpha-methyltryptamine.
  132         60. 5-Hydroxy-N-methyltryptamine.
  133         61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
  134         62. 5-Methoxy-alpha-methyltryptamine.
  135         63. Methyltryptamine.
  136         64. 5-Methoxy-N,N-dimethyltryptamine.
  137         65. 5-Methyl-N,N-dimethyltryptamine.
  138         66. Tyramine (4-Hydroxyphenethylamine).
  139         67. 5-Methoxy-N,N-Diisopropyltryptamine.
  140         68. DiPT (N,N-Diisopropyltryptamine).
  141         69. DPT (N,N-Dipropyltryptamine).
  142         70. 4-Hydroxy-N,N-diisopropyltryptamine.
  143         71. N,N-Diallyl-5-Methoxytryptamine.
  144         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
  145         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  146         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  147         75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
  148         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  149         77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
  150         78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
  151         79. 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
  152         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  153         81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
  154         82. Ethcathinone.
  155         83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
  156         84. Naphyrone (naphthylpyrovalerone).
  157         85. N-N-Dimethyl-3,4-methylenedioxycathinone.
  158         86. N-N-Diethyl-3,4-methylenedioxycathinone.
  159         87. 3,4-methylenedioxy-propiophenone.
  160         88. 2-Bromo-3,4-Methylenedioxypropiophenone.
  161         89. 3,4-methylenedioxy-propiophenone-2-oxime.
  162         90. N-Acetyl-3,4-methylenedioxycathinone.
  163         91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
  164         92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
  165         93. Bromomethcathinone.
  166         94. Buphedrone (alpha-methylamino-butyrophenone).
  167         95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
  168         96. Dimethylcathinone.
  169         97. Dimethylmethcathinone.
  170         98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
  171         99. (MDPPP) 3,4-Methylenedioxy-alpha
  172  pyrrolidinopropiophenone.
  173         100. (MDPBP) 3,4-Methylenedioxy-alpha
  174  pyrrolidinobutiophenone.
  175         101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
  176         102. Methyl-alpha-pyrrolidinohexiophenone (MPHP).
  177         103. Benocyclidine (BCP) or
  178  benzothiophenylcyclohexylpiperidine (BTCP).
  179         104. Fluoromethylaminobutyrophenone (F-MABP).
  180         105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
  181         106. Ethyl-pyrrolidinobutyrophenone (Et-PBP).
  182         107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
  183         108. Methylethylaminobutyrophenone (Me-EABP).
  184         109. Methylamino-butyrophenone (MABP).
  185         110. Pyrrolidinopropiophenone (PPP).
  186         111. Pyrrolidinobutiophenone (PBP).
  187         112. Pyrrolidinovalerophenone (PVP).
  188         113. Methyl-alpha-pyrrolidinopropiophenone (MPPP).
  189         114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
  190         115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
  191  naphthalenylmethanone).
  192         116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
  193  yl)methanone).
  194         117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
  195         118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
  196  yl)methanone).
  197         119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3
  198  yl)methanone).
  199         120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole).
  200         121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
  201  tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
  202         122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
  203  indole).
  204         123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole).
  205         124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
  206  yl)ethanone).
  207         125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
  208  yl)methanone).
  209         126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
  210  yl)ethanone).
  211         127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3
  212  yl)ethanone).
  213         128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
  214         129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
  215         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  216  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  217  ol).
  218         131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan
  219  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
  220  methanol).
  221         132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
  222  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  223  1,4-dione).
  224         133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
  225  yl)methanone).
  226         134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
  227  undecanamide).
  228         135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
  229  undecanamide).
  230         136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
  231  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
  232         137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
  233  iodophenyl)methanone).
  234         138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
  235  (naphthalen-1-yl)methanone).
  236         139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
  237  yl)methanone).
  238         140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
  239  methoxyphenylethanone).
  240         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  241  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  242  naphthalenylmethanone).
  243         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  244  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  245  naphthalenylmethanone).
  246         143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone).
  247         144. Fluoroamphetamine.
  248         145. Fluoromethamphetamine.
  249         146. Methoxetamine.
  250         147. Methiopropamine.
  251         148. 4-Methylbuphedrone (2-Methylamino-1-(4
  252  methylphenyl)butan-1-one).
  253         149. APB ((2-aminopropyl)benzofuran).
  254         150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran).
  255         151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3
  256  tetramethylcyclopropyl)methanone).
  257         152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3
  258  tetramethylcyclopropyl)methanone).
  259         153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3
  260  tetramethylcyclopropyl)methanone.
  261         154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H
  262  indazole-3-carboxamide).
  263         155. AM-2233((2-iodophenyl)[1-[(1-methyl-2
  264  piperidinyl)methyl]-1H-indol-3-yl]-methanone).
  265         156. STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec
  266  1-yl-1H-indole-3-carboxamide).
  267         157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)-
  268  cyclohexylcarbamate).
  269         158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid,
  270  cyclohexyl ester).
  271         159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1
  272  benzoxazin-4-one).
  273         160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
  274         161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine).
  275         162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine).
  276         163. 2C-P (2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine).
  277         164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2
  278  methoxyphenyl)methyl]-benzeneethanamine).
  279         165. 3,4-Methylenedioxymethamphetamine (MDMA).
  280         166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3
  281  carboxylic acid).
  282         167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5-fluoropentyl)
  283  1H-indole-3-carboxylic acid).
  284         168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H
  285  indole-3-carboxylic acid).
  286         169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1-(5
  287  fluoropentyl)-1H-indazole-3-carboxamide).
  288         170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  289  pentyl-1H-indazole-3-carboxamide).
  290         171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  291  (4-fluorobenzyl)-1H-indazole-3-carboxamide).
  292         172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
  293  1-pentyl-1H-indazole-3-carboxamide).
  294         173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  295  yl)-1-(fluoropentyl)-1H-indole-3-carboxamide).
  296         174. 25B-NBOMe (4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)
  297         methyl]-benzeneethanamine).
  298         175. 2C-C-NBOMe (4-chloro-2,5-dimethoxy-N-[(2-
  299  methoxyphenyl)methyl]-benzeneethanamine).
  300         176. AB-CHMINACA: N-[1-(aminocarbonyl)-2-methylpropyl]-1
  301  (cyclohexylmethyl)-1H-indazole-3-carboxamide.
  302         177. FUB-PB-22: Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole
  303  3-carboxylate.
  304         178. Fluoro-NNEI: 1-(Fluoropentyl)-N-(naphthalen-1-yl)-1H
  305  indole-3-carboxamide.
  306         179. Fluoro-AMB: Methyl 2-(1-(fluoropentyl)-1H-indazole-3
  307  carboxamido)-3-methylbutanoate.
  308         180. THJ-2201: [1-(5-Fluoropentyl)-1H-indazol-3
  309  yl](naphthalen-1-yl)methanone.
  310         Section 2. For the purpose of incorporating the amendment
  311  made by this act to section 893.03, Florida Statutes, in
  312  references thereto, paragraphs (a) and (g) of subsection (30) of
  313  section 39.01, Florida Statutes, are reenacted to read:
  314         39.01 Definitions.—When used in this chapter, unless the
  315  context otherwise requires:
  316         (30) “Harm” to a child’s health or welfare can occur when
  317  any person:
  318         (a) Inflicts or allows to be inflicted upon the child
  319  physical, mental, or emotional injury. In determining whether
  320  harm has occurred, the following factors must be considered in
  321  evaluating any physical, mental, or emotional injury to a child:
  322  the age of the child; any prior history of injuries to the
  323  child; the location of the injury on the body of the child; the
  324  multiplicity of the injury; and the type of trauma inflicted.
  325  Such injury includes, but is not limited to:
  326         1. Willful acts that produce the following specific
  327  injuries:
  328         a. Sprains, dislocations, or cartilage damage.
  329         b. Bone or skull fractures.
  330         c. Brain or spinal cord damage.
  331         d. Intracranial hemorrhage or injury to other internal
  332  organs.
  333         e. Asphyxiation, suffocation, or drowning.
  334         f. Injury resulting from the use of a deadly weapon.
  335         g. Burns or scalding.
  336         h. Cuts, lacerations, punctures, or bites.
  337         i. Permanent or temporary disfigurement.
  338         j. Permanent or temporary loss or impairment of a body part
  339  or function.
  340  
  341  As used in this subparagraph, the term “willful” refers to the
  342  intent to perform an action, not to the intent to achieve a
  343  result or to cause an injury.
  344         2. Purposely giving a child poison, alcohol, drugs, or
  345  other substances that substantially affect the child’s behavior,
  346  motor coordination, or judgment or that result in sickness or
  347  internal injury. For the purposes of this subparagraph, the term
  348  “drugs” means prescription drugs not prescribed for the child or
  349  not administered as prescribed, and controlled substances as
  350  outlined in Schedule I or Schedule II of s. 893.03.
  351         3. Leaving a child without adult supervision or arrangement
  352  appropriate for the child’s age or mental or physical condition,
  353  so that the child is unable to care for the child’s own needs or
  354  another’s basic needs or is unable to exercise good judgment in
  355  responding to any kind of physical or emotional crisis.
  356         4. Inappropriate or excessively harsh disciplinary action
  357  that is likely to result in physical injury, mental injury as
  358  defined in this section, or emotional injury. The significance
  359  of any injury must be evaluated in light of the following
  360  factors: the age of the child; any prior history of injuries to
  361  the child; the location of the injury on the body of the child;
  362  the multiplicity of the injury; and the type of trauma
  363  inflicted. Corporal discipline may be considered excessive or
  364  abusive when it results in any of the following or other similar
  365  injuries:
  366         a. Sprains, dislocations, or cartilage damage.
  367         b. Bone or skull fractures.
  368         c. Brain or spinal cord damage.
  369         d. Intracranial hemorrhage or injury to other internal
  370  organs.
  371         e. Asphyxiation, suffocation, or drowning.
  372         f. Injury resulting from the use of a deadly weapon.
  373         g. Burns or scalding.
  374         h. Cuts, lacerations, punctures, or bites.
  375         i. Permanent or temporary disfigurement.
  376         j. Permanent or temporary loss or impairment of a body part
  377  or function.
  378         k. Significant bruises or welts.
  379         (g) Exposes a child to a controlled substance or alcohol.
  380  Exposure to a controlled substance or alcohol is established by:
  381         1. A test, administered at birth, which indicated that the
  382  child’s blood, urine, or meconium contained any amount of
  383  alcohol or a controlled substance or metabolites of such
  384  substances, the presence of which was not the result of medical
  385  treatment administered to the mother or the newborn infant; or
  386         2. Evidence of extensive, abusive, and chronic use of a
  387  controlled substance or alcohol by a parent when the child is
  388  demonstrably adversely affected by such usage.
  389  
  390  As used in this paragraph, the term “controlled substance” means
  391  prescription drugs not prescribed for the parent or not
  392  administered as prescribed and controlled substances as outlined
  393  in Schedule I or Schedule II of s. 893.03.
  394         Section 3. For the purpose of incorporating the amendment
  395  made by this act to section 893.03, Florida Statutes, in a
  396  reference thereto, subsection (5) of section 316.193, Florida
  397  Statutes, is reenacted to read:
  398         316.193 Driving under the influence; penalties.—
  399         (5) The court shall place all offenders convicted of
  400  violating this section on monthly reporting probation and shall
  401  require completion of a substance abuse course conducted by a
  402  DUI program licensed by the department under s. 322.292, which
  403  must include a psychosocial evaluation of the offender. If the
  404  DUI program refers the offender to an authorized substance abuse
  405  treatment provider for substance abuse treatment, in addition to
  406  any sentence or fine imposed under this section, completion of
  407  all such education, evaluation, and treatment is a condition of
  408  reporting probation. The offender shall assume reasonable costs
  409  for such education, evaluation, and treatment. The referral to
  410  treatment resulting from a psychosocial evaluation shall not be
  411  waived without a supporting independent psychosocial evaluation
  412  conducted by an authorized substance abuse treatment provider
  413  appointed by the court, which shall have access to the DUI
  414  program’s psychosocial evaluation before the independent
  415  psychosocial evaluation is conducted. The court shall review the
  416  results and recommendations of both evaluations before
  417  determining the request for waiver. The offender shall bear the
  418  full cost of this procedure. The term “substance abuse” means
  419  the abuse of alcohol or any substance named or described in
  420  Schedules I through V of s. 893.03. If an offender referred to
  421  treatment under this subsection fails to report for or complete
  422  such treatment or fails to complete the DUI program substance
  423  abuse education course and evaluation, the DUI program shall
  424  notify the court and the department of the failure. Upon receipt
  425  of the notice, the department shall cancel the offender’s
  426  driving privilege, notwithstanding the terms of the court order
  427  or any suspension or revocation of the driving privilege. The
  428  department may temporarily reinstate the driving privilege on a
  429  restricted basis upon verification from the DUI program that the
  430  offender is currently participating in treatment and the DUI
  431  education course and evaluation requirement has been completed.
  432  If the DUI program notifies the department of the second failure
  433  to complete treatment, the department shall reinstate the
  434  driving privilege only after notice of completion of treatment
  435  from the DUI program. The organization that conducts the
  436  substance abuse education and evaluation may not provide
  437  required substance abuse treatment unless a waiver has been
  438  granted to that organization by the department. A waiver may be
  439  granted only if the department determines, in accordance with
  440  its rules, that the service provider that conducts the substance
  441  abuse education and evaluation is the most appropriate service
  442  provider and is licensed under chapter 397 or is exempt from
  443  such licensure. A statistical referral report shall be submitted
  444  quarterly to the department by each organization authorized to
  445  provide services under this section.
  446         Section 4. For the purpose of incorporating the amendment
  447  made by this act to section 893.03, Florida Statutes, in a
  448  reference thereto, paragraph (c) of subsection (2) of section
  449  322.2616, Florida Statutes, is reenacted to read:
  450         322.2616 Suspension of license; persons under 21 years of
  451  age; right to review.—
  452         (2)
  453         (c) When a driver subject to this section has a blood
  454  alcohol or breath-alcohol level of 0.05 or higher, the
  455  suspension shall remain in effect until such time as the driver
  456  has completed a substance abuse course offered by a DUI program
  457  licensed by the department. The driver shall assume the
  458  reasonable costs for the substance abuse course. As part of the
  459  substance abuse course, the program shall conduct a substance
  460  abuse evaluation of the driver, and notify the parents or legal
  461  guardians of drivers under the age of 19 years of the results of
  462  the evaluation. The term “substance abuse” means the abuse of
  463  alcohol or any substance named or described in Schedules I
  464  through V of s. 893.03. If a driver fails to complete the
  465  substance abuse education course and evaluation, the driver
  466  license shall not be reinstated by the department.
  467         Section 5. For the purpose of incorporating the amendment
  468  made by this act to section 893.03, Florida Statutes, in a
  469  reference thereto, subsection (5) of section 327.35, Florida
  470  Statutes, is reenacted to read:
  471         327.35 Boating under the influence; penalties; “designated
  472  drivers.”—
  473         (5) In addition to any sentence or fine, the court shall
  474  place any offender convicted of violating this section on
  475  monthly reporting probation and shall require attendance at a
  476  substance abuse course specified by the court; and the agency
  477  conducting the course may refer the offender to an authorized
  478  service provider for substance abuse evaluation and treatment,
  479  in addition to any sentence or fine imposed under this section.
  480  The offender shall assume reasonable costs for such education,
  481  evaluation, and treatment, with completion of all such
  482  education, evaluation, and treatment being a condition of
  483  reporting probation. Treatment resulting from a psychosocial
  484  evaluation may not be waived without a supporting psychosocial
  485  evaluation conducted by an agency appointed by the court and
  486  with access to the original evaluation. The offender shall bear
  487  the cost of this procedure. The term “substance abuse” means the
  488  abuse of alcohol or any substance named or described in
  489  Schedules I-V of s. 893.03.
  490         Section 6. For the purpose of incorporating the amendment
  491  made by this act to section 893.03, Florida Statutes, in a
  492  reference thereto, paragraph (b) of subsection (11) of section
  493  440.102, Florida Statutes, is reenacted to read:
  494         440.102 Drug-free workplace program requirements.—The
  495  following provisions apply to a drug-free workplace program
  496  implemented pursuant to law or to rules adopted by the Agency
  497  for Health Care Administration:
  498         (11) PUBLIC EMPLOYEES IN MANDATORY-TESTING OR SPECIAL-RISK
  499  POSITIONS.—
  500         (b) An employee who is employed by a public employer in a
  501  special-risk position may be discharged or disciplined by a
  502  public employer for the first positive confirmed test result if
  503  the drug confirmed is an illicit drug under s. 893.03. A
  504  special-risk employee who is participating in an employee
  505  assistance program or drug rehabilitation program may not be
  506  allowed to continue to work in any special-risk or mandatory
  507  testing position of the public employer, but may be assigned to
  508  a position other than a mandatory-testing position or placed on
  509  leave while the employee is participating in the program.
  510  However, the employee shall be permitted to use any accumulated
  511  annual leave credits before leave may be ordered without pay.
  512         Section 7. For the purpose of incorporating the amendment
  513  made by this act to section 893.03, Florida Statutes, in a
  514  reference thereto, paragraph (e) of subsection (1) of section
  515  458.3265, Florida Statutes, is reenacted to read:
  516         458.3265 Pain-management clinics.—
  517         (1) REGISTRATION.—
  518         (e) The department shall deny registration to any pain
  519  management clinic owned by or with any contractual or employment
  520  relationship with a physician:
  521         1. Whose Drug Enforcement Administration number has ever
  522  been revoked.
  523         2. Whose application for a license to prescribe, dispense,
  524  or administer a controlled substance has been denied by any
  525  jurisdiction.
  526         3. Who has been convicted of or pleaded guilty or nolo
  527  contendere to, regardless of adjudication, an offense that
  528  constitutes a felony for receipt of illicit and diverted drugs,
  529  including a controlled substance listed in Schedule I, Schedule
  530  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
  531  this state, any other state, or the United States.
  532         Section 8. For the purpose of incorporating the amendment
  533  made by this act to section 893.03, Florida Statutes, in a
  534  reference thereto, paragraph (e) of subsection (1) of section
  535  459.0137, Florida Statutes, is reenacted to read:
  536         459.0137 Pain-management clinics.—
  537         (1) REGISTRATION.—
  538         (e) The department shall deny registration to any pain
  539  management clinic owned by or with any contractual or employment
  540  relationship with a physician:
  541         1. Whose Drug Enforcement Administration number has ever
  542  been revoked.
  543         2. Whose application for a license to prescribe, dispense,
  544  or administer a controlled substance has been denied by any
  545  jurisdiction.
  546         3. Who has been convicted of or pleaded guilty or nolo
  547  contendere to, regardless of adjudication, an offense that
  548  constitutes a felony for receipt of illicit and diverted drugs,
  549  including a controlled substance listed in Schedule I, Schedule
  550  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
  551  this state, any other state, or the United States.
  552         Section 9. For the purpose of incorporating the amendment
  553  made by this act to section 893.03, Florida Statutes, in
  554  references thereto, paragraph (a) of subsection (1) and
  555  subsection (4) of section 782.04, Florida Statutes, are
  556  reenacted to read:
  557         782.04 Murder.—
  558         (1)(a) The unlawful killing of a human being:
  559         1. When perpetrated from a premeditated design to effect
  560  the death of the person killed or any human being;
  561         2. When committed by a person engaged in the perpetration
  562  of, or in the attempt to perpetrate, any:
  563         a. Trafficking offense prohibited by s. 893.135(1),
  564         b. Arson,
  565         c. Sexual battery,
  566         d. Robbery,
  567         e. Burglary,
  568         f. Kidnapping,
  569         g. Escape,
  570         h. Aggravated child abuse,
  571         i. Aggravated abuse of an elderly person or disabled adult,
  572         j. Aircraft piracy,
  573         k. Unlawful throwing, placing, or discharging of a
  574  destructive device or bomb,
  575         l. Carjacking,
  576         m. Home-invasion robbery,
  577         n. Aggravated stalking,
  578         o. Murder of another human being,
  579         p. Resisting an officer with violence to his or her person,
  580         q. Aggravated fleeing or eluding with serious bodily injury
  581  or death,
  582         r. Felony that is an act of terrorism or is in furtherance
  583  of an act of terrorism; or
  584         3. Which resulted from the unlawful distribution of any
  585  substance controlled under s. 893.03(1), cocaine as described in
  586  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  587  compound, derivative, or preparation of opium, or methadone by a
  588  person 18 years of age or older, when such drug is proven to be
  589  the proximate cause of the death of the user,
  590  
  591  is murder in the first degree and constitutes a capital felony,
  592  punishable as provided in s. 775.082.
  593         (4) The unlawful killing of a human being, when perpetrated
  594  without any design to effect death, by a person engaged in the
  595  perpetration of, or in the attempt to perpetrate, any felony
  596  other than any:
  597         (a) Trafficking offense prohibited by s. 893.135(1),
  598         (b) Arson,
  599         (c) Sexual battery,
  600         (d) Robbery,
  601         (e) Burglary,
  602         (f) Kidnapping,
  603         (g) Escape,
  604         (h) Aggravated child abuse,
  605         (i) Aggravated abuse of an elderly person or disabled
  606  adult,
  607         (j) Aircraft piracy,
  608         (k) Unlawful throwing, placing, or discharging of a
  609  destructive device or bomb,
  610         (l) Unlawful distribution of any substance controlled under
  611  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  612  opium or any synthetic or natural salt, compound, derivative, or
  613  preparation of opium by a person 18 years of age or older, when
  614  such drug is proven to be the proximate cause of the death of
  615  the user,
  616         (m) Carjacking,
  617         (n) Home-invasion robbery,
  618         (o) Aggravated stalking,
  619         (p) Murder of another human being,
  620         (q) Aggravated fleeing or eluding with serious bodily
  621  injury or death,
  622         (r) Resisting an officer with violence to his or her
  623  person, or
  624         (s) Felony that is an act of terrorism or is in furtherance
  625  of an act of terrorism,
  626  
  627  is murder in the third degree and constitutes a felony of the
  628  second degree, punishable as provided in s. 775.082, s. 775.083,
  629  or s. 775.084.
  630         Section 10. For the purpose of incorporating the amendment
  631  made by this act to section 893.03, Florida Statutes, in
  632  references thereto, paragraph (a) of subsection (2) and
  633  subsection (5) of section 893.0356, Florida Statutes, are
  634  reenacted to read:
  635         893.0356 Control of new substances; findings of fact;
  636  “controlled substance analog” defined.—
  637         (2)(a) As used in this section, “controlled substance
  638  analog” means a substance which, due to its chemical structure
  639  and potential for abuse, meets the following criteria:
  640         1. Is substantially similar to that of a controlled
  641  substance listed in Schedule I or Schedule II of s. 893.03; and
  642         2. Has a stimulant, depressant, or hallucinogenic effect on
  643  the central nervous system or is represented or intended to have
  644  a stimulant, depressant, or hallucinogenic effect on the central
  645  nervous system substantially similar to or greater than that of
  646  a controlled substance listed in Schedule I or Schedule II of s.
  647  893.03.
  648         (5) A controlled substance analog shall, for purposes of
  649  drug abuse prevention and control, be treated as a controlled
  650  substance in Schedule I of s. 893.03.
  651         Section 11. For the purpose of incorporating the amendment
  652  made by this act to section 893.03, Florida Statutes, in a
  653  reference thereto, subsection (1) of section 893.05, Florida
  654  Statutes, is reenacted to read:
  655         893.05 Practitioners and persons administering controlled
  656  substances in their absence.—
  657         (1) A practitioner, in good faith and in the course of his
  658  or her professional practice only, may prescribe, administer,
  659  dispense, mix, or otherwise prepare a controlled substance, or
  660  the practitioner may cause the same to be administered by a
  661  licensed nurse or an intern practitioner under his or her
  662  direction and supervision only. A veterinarian may so prescribe,
  663  administer, dispense, mix, or prepare a controlled substance for
  664  use on animals only, and may cause it to be administered by an
  665  assistant or orderly under the veterinarian’s direction and
  666  supervision only. A certified optometrist licensed under chapter
  667  463 may not administer or prescribe a controlled substance
  668  listed in Schedule I or Schedule II of s. 893.03.
  669         Section 12. For the purpose of incorporating the amendment
  670  made by this act to section 893.03, Florida Statutes, in
  671  references thereto, paragraphs (b), (c), and (d) of subsection
  672  (2) of section 893.12, Florida Statutes, are reenacted to read:
  673         893.12 Contraband; seizure, forfeiture, sale.—
  674         (2)
  675         (b) All real property, including any right, title,
  676  leasehold interest, and other interest in the whole of any lot
  677  or tract of land and any appurtenances or improvements, which
  678  real property is used, or intended to be used, in any manner or
  679  part, to commit or to facilitate the commission of, or which
  680  real property is acquired with proceeds obtained as a result of,
  681  a violation of any provision of this chapter related to a
  682  controlled substance described in s. 893.03(1) or (2) may be
  683  seized and forfeited as provided by the Florida Contraband
  684  Forfeiture Act except that no property shall be forfeited under
  685  this paragraph to the extent of an interest of an owner or
  686  lienholder by reason of any act or omission established by that
  687  owner or lienholder to have been committed or omitted without
  688  the knowledge or consent of that owner or lienholder.
  689         (c) All moneys, negotiable instruments, securities, and
  690  other things of value furnished or intended to be furnished by
  691  any person in exchange for a controlled substance described in
  692  s. 893.03(1) or (2) or a listed chemical in violation of any
  693  provision of this chapter, all proceeds traceable to such an
  694  exchange, and all moneys, negotiable instruments, and securities
  695  used or intended to be used to facilitate any violation of any
  696  provision of this chapter or which are acquired with proceeds
  697  obtained in violation of any provision of this chapter may be
  698  seized and forfeited as provided by the Florida Contraband
  699  Forfeiture Act, except that no property shall be forfeited under
  700  this paragraph to the extent of an interest of an owner or
  701  lienholder by reason of any act or omission established by that
  702  owner or lienholder to have been committed or omitted without
  703  the knowledge or consent of that owner or lienholder.
  704         (d) All books, records, and research, including formulas,
  705  microfilm, tapes, and data which are used, or intended for use,
  706  or which are acquired with proceeds obtained, in violation of
  707  any provision of this chapter related to a controlled substance
  708  described in s. 893.03(1) or (2) or a listed chemical may be
  709  seized and forfeited as provided by the Florida Contraband
  710  Forfeiture Act.
  711         Section 13. For the purpose of incorporating the amendment
  712  made by this act to section 893.03, Florida Statutes, in
  713  references thereto, paragraphs (a), (c), (d), (e), (f), and (h)
  714  of subsection (1), paragraph (a) of subsection (2), paragraph
  715  (b) of subsection (4), paragraph (b) of subsection (5), and
  716  paragraph (a) of subsection (7) of section 893.13, Florida
  717  Statutes, are reenacted to read:
  718         893.13 Prohibited acts; penalties.—
  719         (1)(a) Except as authorized by this chapter and chapter
  720  499, a person may not sell, manufacture, or deliver, or possess
  721  with intent to sell, manufacture, or deliver, a controlled
  722  substance. A person who violates this provision with respect to:
  723         1. A controlled substance named or described in s.
  724  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  725  commits a felony of the second degree, punishable as provided in
  726  s. 775.082, s. 775.083, or s. 775.084.
  727         2. A controlled substance named or described in s.
  728  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  729  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  730  the third degree, punishable as provided in s. 775.082, s.
  731  775.083, or s. 775.084.
  732         3. A controlled substance named or described in s.
  733  893.03(5) commits a misdemeanor of the first degree, punishable
  734  as provided in s. 775.082 or s. 775.083.
  735         (c) Except as authorized by this chapter, a person may not
  736  sell, manufacture, or deliver, or possess with intent to sell,
  737  manufacture, or deliver, a controlled substance in, on, or
  738  within 1,000 feet of the real property comprising a child care
  739  facility as defined in s. 402.302 or a public or private
  740  elementary, middle, or secondary school between the hours of 6
  741  a.m. and 12 midnight, or at any time in, on, or within 1,000
  742  feet of real property comprising a state, county, or municipal
  743  park, a community center, or a publicly owned recreational
  744  facility. As used in this paragraph, the term “community center”
  745  means a facility operated by a nonprofit community-based
  746  organization for the provision of recreational, social, or
  747  educational services to the public. A person who violates this
  748  paragraph with respect to:
  749         1. A controlled substance named or described in s.
  750  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  751  commits a felony of the first degree, punishable as provided in
  752  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  753  sentenced to a minimum term of imprisonment of 3 calendar years
  754  unless the offense was committed within 1,000 feet of the real
  755  property comprising a child care facility as defined in s.
  756  402.302.
  757         2. A controlled substance named or described in s.
  758  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  759  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  760  the second degree, punishable as provided in s. 775.082, s.
  761  775.083, or s. 775.084.
  762         3. Any other controlled substance, except as lawfully sold,
  763  manufactured, or delivered, must be sentenced to pay a $500 fine
  764  and to serve 100 hours of public service in addition to any
  765  other penalty prescribed by law.
  766  
  767  This paragraph does not apply to a child care facility unless
  768  the owner or operator of the facility posts a sign that is not
  769  less than 2 square feet in size with a word legend identifying
  770  the facility as a licensed child care facility and that is
  771  posted on the property of the child care facility in a
  772  conspicuous place where the sign is reasonably visible to the
  773  public.
  774         (d) Except as authorized by this chapter, a person may not
  775  sell, manufacture, or deliver, or possess with intent to sell,
  776  manufacture, or deliver, a controlled substance in, on, or
  777  within 1,000 feet of the real property comprising a public or
  778  private college, university, or other postsecondary educational
  779  institution. A person who violates this paragraph with respect
  780  to:
  781         1. A controlled substance named or described in s.
  782  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  783  commits a felony of the first degree, punishable as provided in
  784  s. 775.082, s. 775.083, or s. 775.084.
  785         2. A controlled substance named or described in s.
  786  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  787  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  788  the second degree, punishable as provided in s. 775.082, s.
  789  775.083, or s. 775.084.
  790         3. Any other controlled substance, except as lawfully sold,
  791  manufactured, or delivered, must be sentenced to pay a $500 fine
  792  and to serve 100 hours of public service in addition to any
  793  other penalty prescribed by law.
  794         (e) Except as authorized by this chapter, a person may not
  795  sell, manufacture, or deliver, or possess with intent to sell,
  796  manufacture, or deliver, a controlled substance not authorized
  797  by law in, on, or within 1,000 feet of a physical place for
  798  worship at which a church or religious organization regularly
  799  conducts religious services or within 1,000 feet of a
  800  convenience business as defined in s. 812.171. A person who
  801  violates this paragraph with respect to:
  802         1. A controlled substance named or described in s.
  803  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  804  commits a felony of the first degree, punishable as provided in
  805  s. 775.082, s. 775.083, or s. 775.084.
  806         2. A controlled substance named or described in s.
  807  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  808  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  809  the second degree, punishable as provided in s. 775.082, s.
  810  775.083, or s. 775.084.
  811         3. Any other controlled substance, except as lawfully sold,
  812  manufactured, or delivered, must be sentenced to pay a $500 fine
  813  and to serve 100 hours of public service in addition to any
  814  other penalty prescribed by law.
  815         (f) Except as authorized by this chapter, a person may not
  816  sell, manufacture, or deliver, or possess with intent to sell,
  817  manufacture, or deliver, a controlled substance in, on, or
  818  within 1,000 feet of the real property comprising a public
  819  housing facility at any time. As used in this section, the term
  820  “real property comprising a public housing facility” means real
  821  property, as defined in s. 421.03(12), of a public corporation
  822  created as a housing authority pursuant to part I of chapter
  823  421. A person who violates this paragraph with respect to:
  824         1. A controlled substance named or described in s.
  825  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  826  commits a felony of the first degree, punishable as provided in
  827  s. 775.082, s. 775.083, or s. 775.084.
  828         2. A controlled substance named or described in s.
  829  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  830  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  831  the second degree, punishable as provided in s. 775.082, s.
  832  775.083, or s. 775.084.
  833         3. Any other controlled substance, except as lawfully sold,
  834  manufactured, or delivered, must be sentenced to pay a $500 fine
  835  and to serve 100 hours of public service in addition to any
  836  other penalty prescribed by law.
  837         (h) Except as authorized by this chapter, a person may not
  838  sell, manufacture, or deliver, or possess with intent to sell,
  839  manufacture, or deliver, a controlled substance in, on, or
  840  within 1,000 feet of the real property comprising an assisted
  841  living facility, as that term is used in chapter 429. A person
  842  who violates this paragraph with respect to:
  843         1. A controlled substance named or described in s.
  844  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  845  commits a felony of the first degree, punishable as provided in
  846  s. 775.082, s. 775.083, or s. 775.084.
  847         2. A controlled substance named or described in s.
  848  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  849  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  850  the second degree, punishable as provided in s. 775.082, s.
  851  775.083, or s. 775.084.
  852         (2)(a) Except as authorized by this chapter and chapter
  853  499, a person may not purchase, or possess with intent to
  854  purchase, a controlled substance. A person who violates this
  855  provision with respect to:
  856         1. A controlled substance named or described in s.
  857  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  858  commits a felony of the second degree, punishable as provided in
  859  s. 775.082, s. 775.083, or s. 775.084.
  860         2. A controlled substance named or described in s.
  861  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  862  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  863  the third degree, punishable as provided in s. 775.082, s.
  864  775.083, or s. 775.084.
  865         3. A controlled substance named or described in s.
  866  893.03(5) commits a misdemeanor of the first degree, punishable
  867  as provided in s. 775.082 or s. 775.083.
  868         (4) Except as authorized by this chapter, a person 18 years
  869  of age or older may not deliver any controlled substance to a
  870  person younger than 18 years of age, use or hire a person
  871  younger than 18 years of age as an agent or employee in the sale
  872  or delivery of such a substance, or use such person to assist in
  873  avoiding detection or apprehension for a violation of this
  874  chapter. A person who violates this provision with respect to:
  875         (b) A controlled substance named or described in s.
  876  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  877  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  878  the second degree, punishable as provided in s. 775.082, s.
  879  775.083, or s. 775.084.
  880  
  881  Imposition of sentence may not be suspended or deferred, and the
  882  person so convicted may not be placed on probation.
  883         (5) A person may not bring into this state any controlled
  884  substance unless the possession of such controlled substance is
  885  authorized by this chapter or unless such person is licensed to
  886  do so by the appropriate federal agency. A person who violates
  887  this provision with respect to:
  888         (b) A controlled substance named or described in s.
  889  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  890  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  891  the third degree, punishable as provided in s. 775.082, s.
  892  775.083, or s. 775.084.
  893         (7)(a) A person may not:
  894         1. Distribute or dispense a controlled substance in
  895  violation of this chapter.
  896         2. Refuse or fail to make, keep, or furnish any record,
  897  notification, order form, statement, invoice, or information
  898  required under this chapter.
  899         3. Refuse entry into any premises for any inspection or
  900  refuse to allow any inspection authorized by this chapter.
  901         4. Distribute a controlled substance named or described in
  902  s. 893.03(1) or (2) except pursuant to an order form as required
  903  by s. 893.06.
  904         5. Keep or maintain any store, shop, warehouse, dwelling,
  905  building, vehicle, boat, aircraft, or other structure or place
  906  which is resorted to by persons using controlled substances in
  907  violation of this chapter for the purpose of using these
  908  substances, or which is used for keeping or selling them in
  909  violation of this chapter.
  910         6. Use to his or her own personal advantage, or reveal, any
  911  information obtained in enforcement of this chapter except in a
  912  prosecution or administrative hearing for a violation of this
  913  chapter.
  914         7. Possess a prescription form unless it has been signed by
  915  the practitioner whose name appears printed thereon and
  916  completed. This subparagraph does not apply if the person in
  917  possession of the form is the practitioner whose name appears
  918  printed thereon, an agent or employee of that practitioner, a
  919  pharmacist, or a supplier of prescription forms who is
  920  authorized by that practitioner to possess those forms.
  921         8. Withhold information from a practitioner from whom the
  922  person seeks to obtain a controlled substance or a prescription
  923  for a controlled substance that the person making the request
  924  has received a controlled substance or a prescription for a
  925  controlled substance of like therapeutic use from another
  926  practitioner within the previous 30 days.
  927         9. Acquire or obtain, or attempt to acquire or obtain,
  928  possession of a controlled substance by misrepresentation,
  929  fraud, forgery, deception, or subterfuge.
  930         10. Affix any false or forged label to a package or
  931  receptacle containing a controlled substance.
  932         11. Furnish false or fraudulent material information in, or
  933  omit any material information from, any report or other document
  934  required to be kept or filed under this chapter or any record
  935  required to be kept by this chapter.
  936         12. Store anhydrous ammonia in a container that is not
  937  approved by the United States Department of Transportation to
  938  hold anhydrous ammonia or is not constructed in accordance with
  939  sound engineering, agricultural, or commercial practices.
  940         13. With the intent to obtain a controlled substance or
  941  combination of controlled substances that are not medically
  942  necessary for the person or an amount of a controlled substance
  943  or substances that is not medically necessary for the person,
  944  obtain or attempt to obtain from a practitioner a controlled
  945  substance or a prescription for a controlled substance by
  946  misrepresentation, fraud, forgery, deception, subterfuge, or
  947  concealment of a material fact. For purposes of this
  948  subparagraph, a material fact includes whether the person has an
  949  existing prescription for a controlled substance issued for the
  950  same period of time by another practitioner or as described in
  951  subparagraph 8.
  952         Section 14. For the purpose of incorporating the amendment
  953  made by this act to section 893.03, Florida Statutes, in
  954  references thereto, paragraphs (k) and (l) of subsection (1) of
  955  section 893.135, Florida Statutes, are reenacted to read:
  956         893.135 Trafficking; mandatory sentences; suspension or
  957  reduction of sentences; conspiracy to engage in trafficking.—
  958         (1) Except as authorized in this chapter or in chapter 499
  959  and notwithstanding the provisions of s. 893.13:
  960         (k)1. A person who knowingly sells, purchases,
  961  manufactures, delivers, or brings into this state, or who is
  962  knowingly in actual or constructive possession of, 10 grams or
  963  more of any of the following substances described in s.
  964  893.03(1)(c):
  965         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  966         b. 4-Bromo-2,5-dimethoxyamphetamine;
  967         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  968         d. 2,5-Dimethoxyamphetamine;
  969         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  970         f. N-ethylamphetamine;
  971         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  972         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  973         i. 4-methoxyamphetamine;
  974         j. 4-methoxymethamphetamine;
  975         k. 4-Methyl-2,5-dimethoxyamphetamine;
  976         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  977         m. 3,4-Methylenedioxyamphetamine;
  978         n. N,N-dimethylamphetamine;
  979         o. 3,4,5-Trimethoxyamphetamine;
  980         p. 3,4-Methylenedioxymethcathinone;
  981         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
  982         r. Methylmethcathinone,
  983  
  984  individually or analogs thereto or isomers thereto or in any
  985  combination of or any mixture containing any substance listed in
  986  sub-subparagraphs a.-r., commits a felony of the first degree,
  987  which felony shall be known as “trafficking in Phenethylamines,”
  988  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  989         2. If the quantity involved:
  990         a. Is 10 grams or more, but less than 200 grams, such
  991  person shall be sentenced to a mandatory minimum term of
  992  imprisonment of 3 years and shall be ordered to pay a fine of
  993  $50,000.
  994         b. Is 200 grams or more, but less than 400 grams, such
  995  person shall be sentenced to a mandatory minimum term of
  996  imprisonment of 7 years and shall be ordered to pay a fine of
  997  $100,000.
  998         c. Is 400 grams or more, such person shall be sentenced to
  999  a mandatory minimum term of imprisonment of 15 years and shall
 1000  be ordered to pay a fine of $250,000.
 1001         3. A person who knowingly manufactures or brings into this
 1002  state 30 kilograms or more of any of the following substances
 1003  described in s. 893.03(1)(c):
 1004         a. 3,4-Methylenedioxymethamphetamine (MDMA);
 1005         b. 4-Bromo-2,5-dimethoxyamphetamine;
 1006         c. 4-Bromo-2,5-dimethoxyphenethylamine;
 1007         d. 2,5-Dimethoxyamphetamine;
 1008         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
 1009         f. N-ethylamphetamine;
 1010         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 1011         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 1012         i. 4-methoxyamphetamine;
 1013         j. 4-methoxymethamphetamine;
 1014         k. 4-Methyl-2,5-dimethoxyamphetamine;
 1015         l. 3,4-Methylenedioxy-N-ethylamphetamine;
 1016         m. 3,4-Methylenedioxyamphetamine;
 1017         n. N,N-dimethylamphetamine;
 1018         o. 3,4,5-Trimethoxyamphetamine;
 1019         p. 3,4-Methylenedioxymethcathinone;
 1020         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
 1021         r. Methylmethcathinone,
 1022  
 1023  individually or analogs thereto or isomers thereto or in any
 1024  combination of or any mixture containing any substance listed in
 1025  sub-subparagraphs a.-r., and who knows that the probable result
 1026  of such manufacture or importation would be the death of any
 1027  person commits capital manufacture or importation of
 1028  Phenethylamines, a capital felony punishable as provided in ss.
 1029  775.082 and 921.142. A person sentenced for a capital felony
 1030  under this paragraph shall also be sentenced to pay the maximum
 1031  fine provided under subparagraph 1.
 1032         (l)1. Any person who knowingly sells, purchases,
 1033  manufactures, delivers, or brings into this state, or who is
 1034  knowingly in actual or constructive possession of, 1 gram or
 1035  more of lysergic acid diethylamide (LSD) as described in s.
 1036  893.03(1)(c), or of any mixture containing lysergic acid
 1037  diethylamide (LSD), commits a felony of the first degree, which
 1038  felony shall be known as “trafficking in lysergic acid
 1039  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1040  775.083, or s. 775.084. If the quantity involved:
 1041         a. Is 1 gram or more, but less than 5 grams, such person
 1042  shall be sentenced to a mandatory minimum term of imprisonment
 1043  of 3 years, and the defendant shall be ordered to pay a fine of
 1044  $50,000.
 1045         b. Is 5 grams or more, but less than 7 grams, such person
 1046  shall be sentenced to a mandatory minimum term of imprisonment
 1047  of 7 years, and the defendant shall be ordered to pay a fine of
 1048  $100,000.
 1049         c. Is 7 grams or more, such person shall be sentenced to a
 1050  mandatory minimum term of imprisonment of 15 calendar years and
 1051  pay a fine of $500,000.
 1052         2. Any person who knowingly manufactures or brings into
 1053  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1054  as described in s. 893.03(1)(c), or any mixture containing
 1055  lysergic acid diethylamide (LSD), and who knows that the
 1056  probable result of such manufacture or importation would be the
 1057  death of any person commits capital manufacture or importation
 1058  of lysergic acid diethylamide (LSD), a capital felony punishable
 1059  as provided in ss. 775.082 and 921.142. Any person sentenced for
 1060  a capital felony under this paragraph shall also be sentenced to
 1061  pay the maximum fine provided under subparagraph 1.
 1062         Section 15. For the purpose of incorporating the amendment
 1063  made by this act to section 893.03, Florida Statutes, in
 1064  references thereto, paragraphs (b), (c), and (e) of subsection
 1065  (3) of section 921.0022, Florida Statutes, are reenacted to
 1066  read:
 1067         921.0022 Criminal Punishment Code; offense severity ranking
 1068  chart.—
 1069         (3) OFFENSE SEVERITY RANKING CHART
 1070         (b) LEVEL 2
 1071  
 1072  FloridaStatute             FelonyDegree        Description        
 1073  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 1074  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 1075  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 1076  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 1077  590.28(1)                      3rd     Intentional burning of lands.
 1078  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 1079  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 1080  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 1081  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 1082  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 1083  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
 1084  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 1085  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 1086  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 1087  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 1088  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 1089  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 1090  817.60(5)                      3rd     Dealing in credit cards of another.
 1091  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 1092  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 1093  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 1094  831.01                         3rd     Forgery.                   
 1095  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 1096  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 1097  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 1098  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 1099  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 1100  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 1101  843.08                         3rd     Falsely impersonating an officer.
 1102  893.13(2)(a)2.                 3rd     Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
 1103  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 1104         (c) LEVEL 3
 1105  
 1106  FloridaStatute           FelonyDegree         Description          
 1107  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 1108  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 1109  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 1110  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 1111  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 1112  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 1113  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 1114  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 1115  327.35(2)(b)                 3rd     Felony BUI.                   
 1116  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 1117  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 1118  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 1119  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
 1120  379.2431 (1)(e)6.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 1121  400.9935(4)                  3rd     Operating a clinic without a license or filing false license application or other required information.
 1122  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 1123  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 1124  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 1125  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 1126  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 1127  697.08                       3rd     Equity skimming.              
 1128  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 1129  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 1130  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 1131  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 1132  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 1133  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 1134  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 1135  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 1136  817.233                      3rd     Burning to defraud insurer.   
 1137  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 1138  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 1139  817.236                      3rd     Filing a false motor vehicle insurance application.
 1140  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 1141  817.413(2)                   3rd     Sale of used goods as new.    
 1142  817.505(4)                   3rd     Patient brokering.            
 1143  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 1144  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 1145  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 1146  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 1147  843.19                       3rd     Injure, disable, or kill police dog or horse.
 1148  860.15(3)                    3rd     Overcharging for repairs and parts.
 1149  870.01(2)                    3rd     Riot; inciting or encouraging.
 1150  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
 1151  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
 1152  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
 1153  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 1154  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 1155  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 1156  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 1157  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 1158  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
 1159  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
 1160  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 1161  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
 1162  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 1163  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 1164  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 1165  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 1166         (e) LEVEL 5
 1167  
 1168  FloridaStatute              FelonyDegree        Description        
 1169  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 1170  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
 1171  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 1172  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
 1173  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 1174  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
 1175  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
 1176  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
 1177  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
 1178  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 1179  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 1180  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
 1181  790.01(2)                        3rd     Carrying a concealed firearm.
 1182  790.162                          2nd     Threat to throw or discharge destructive device.
 1183  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
 1184  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
 1185  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
 1186  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
 1187  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
 1188  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
 1189  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 1190  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 1191  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 1192  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
 1193  812.131(2)(b)                    3rd     Robbery by sudden snatching.
 1194  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
 1195  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
 1196  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
 1197  817.2341(1), (2)(a) & (3)(a)     3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 1198  817.568(2)(b)                    2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
 1199  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
 1200  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 1201  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 1202  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 1203  839.13(2)(b)                     2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 1204  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
 1205  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
 1206  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
 1207  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
 1208  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 1209  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
 1210  893.13(1)(a)1.                   2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1211  893.13(1)(c)2.                   2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1212  893.13(1)(d)1.                   1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
 1213  893.13(1)(e)2.                   2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 1214  893.13(1)(f)1.                   1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
 1215  893.13(4)(b)                     2nd     Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
 1216  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 1217         Section 16. This act shall take effect upon becoming a law.